Francis Felix Fernandez v Philomena Fernandez A/P Felix Fernandez (BA-22NCvC-85-02/2023)

High Court of Malaysia31 Oct 2025

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26/11/2025 08:34:20 BA-22NCvC-85-02/2023 Kand. 53

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Malaysian judgment

Case metadata

Court: High Court of Malaysia
Decision date: 31 Oct 2025
Case number: BA-22NCvC-85-02/2023
Coram: YA Puan Elaine Yap Chin Gaik
Practice area: Trust property – Proceeds of converted trust property – Claim for recovery of sale proceeds – Trust – Breach of trust – Whether the Defendant is a trustee – Power of Attorney – Revocation of Power of Attorney – Allegation of express trust – Constructive trust – Whether there was a breach – Allegation of failure to account – Allegation of misappropriation of sale proceeds – The Defendant found to be acted in breach of trust – Defence of time limitation – Whether time barred applicable – No limitation for recovery of trust property – Section 22(1)(b) of the Limitation Act 1953
Version: Alasan Penghakiman 1
Published: 26 Nov 2025
Source ID: 2435ff74-77a2-449e-abbf-b1fbce03fd70

Catchwords

Trust property – Proceeds of converted trust property – Claim for recovery of sale proceeds – Trust – Breach of trust – Whether the Defendant is a trustee – Power of Attorney – Revocation of Power of Attorney – Allegation of express trust – Constructive trust – Whether there was a breach – Allegation of failure to account – Allegation of misappropriation of sale proceeds – The Defendant found to be acted in breach of trust – Defence of time limitation – Whether time barred applicable – No limitation for recovery of trust property – Section 22(1)(b) of the Limitation Act 1953

Parties

FRANCIS FELIX FERNANDEZ - plaintiff - ejudgment_parties
1. ) PHILOMENA FERNANDEZ A/P FELIX FERNANDEZ - defendant - ejudgment_parties
2. ) THERESA REENA XAVIER - defendant - ejudgment_parties

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Catchwords